|
|
Document
|
|
PO-1741
|
|
|
|
|
|
File #
|
|
PA-990237-1
|
|
|
|
|
|
Institution/HIC
|
|
Ministry of the Solicitor General & Correctional Services
|
|
|
|
|
|
Summary
|
|
NATURE OF THE APPEAL: The appellant submitted a request to the Ministry of the Solicitor General and Correctional Services (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for his deceased father's (the deceased) complete personnel file for the period that he worked for the Ontario Provincial Police (the OPP). The request encompassed such documents as employee evaluations, incident reports, correspondence, medical reports and worker compensation claims. The Ministry originally issued a decision claiming that the records fell within section 65(6) of the Act . Subsequently, the Ministry withdrew this claim and issued a revised decision granting access to some records. The Ministry denied access to pages 23, 31 - 35, 38, 41 - 43, and 45 -70 of the record pursuant to section 21(1) (invasion of privacy) of the Act . The appellant, appealed the Ministry's revised decision to deny access to the above-noted records. During mediation, the appellant confirmed that, while his father is deceased, section 66(a) of the Act is not at issue as the request does not relate to the administration of his father's estate. The appellant also confirmed that section 2(2) is not at issue as his father has not been dead for more than 30 years. Also during mediation, the appellant advised the mediator that he is not seeking access to pages 23, 31, 32, 35, 46, 48, 53, 56, 57, 58 of the record. I sent a Notice of Inquiry to the Ministry and the appellant. Representations were received from both parties. RECORDS: As a result of mediation, the records remaining at issue are pages 33, 34, 38, 41 - 43, 45, 47, 49 - 52, 54, 55 and 59 - 70. These records consist of memoranda, notes to file, correspondence, medical documentation, handwritten notes and "workmen's" compensation information. DISCUSSION: PERSONAL INFORMATION Under section 2(1) of the Act , "personal information" is defined, in part, to mean recorded information about an identifiable individual. The records were all obtained from the deceased's personnel file and consist of file notes, Workmen's Compensation Board claims, internal correspondence between OPP executive personnel and letters from medical practitioners spanning a period between May 1975 to June 1976. All of the records pertain directly to the deceased in the context of his medical disability claim and issues which arose with his employer in that matter. Accordingly, I find that the records all contain the personal information of the deceased. Some of the records also contain information about other identifiable individuals. This information was collected and included in the records in the context of a review of the deceased's employment situation by the OPP. This information qualifies as the personal information of the individuals referred to in the records. The records contain information which identifies a number of OPP staff and medical practitioners in the context of their professional responsibilities. Previous orders of this office have established that information provided by individuals in and as part of their professional capacities does not qualify as personal information (see Reconsideration Order R-980015 for a complete discussion on this issue). Therefore, I find that the records do not contain the personal information of these individuals. The records do not contain the appellant's personal information. INVASION OF PRIVACY Once it has been determined that a record contains personal information, section 21(1) of the Act prohibits the disclosure of this information except in certain circumstances. In my view, section 21(1)(f) of the Act must be considered in the circumstances of this appeal. The appellant submits that the exception in section 21(1)(e) applies in this case. These sections provide: A head shall refuse to disclose personal information to any person other than the individual to whom the information relates, except, (e) for a research purpose if, (i) the disclosure is consistent with the conditions or reasonable expectations of disclosure under which the personal information was provided, collected or obtained, (ii) the research purpose for which the disclosure is to be made cannot be reasonably accomplished unless the information is provided in individually identifiable form, and (iii) the person who is to receive the record has agreed to comply with the conditions relating to security and confidentiality prescribed by the regulations; or (f) if the disclosure does not constitute an unjustified invasion of personal privacy. Section 21(1)(e) Section 21(1)(e) requires that all three elements set out above be satisfied in order for it to apply. The appellant states that: In essence, research is what I require these records for; personal research into my father's career as a Provincial Constable with the Ontario Provincial Police ... I agree to abide by sections 21(1)(e)(ii) and (iii). In Order P-666, former Assistant Commissioner Irwin Glasberg defined "research" as the systemic investigation into and study of materials, sources, etc., in order to establish facts and reach new conclusions, and as an endeavour to discover new or to collate old facts etc., by the scientific study or by a course of critical investigation. I adopt this interpretation for the purpose of this appeal. In my view, the appellant has not established that the personal information being sought will be used for a research purpose as the term is defined above. Even if I were to find that the activity described by the appellant above constitutes "research", he has not provided any evidence to establish that he has signed a research agreement with the Ministry as required by section 10(1) of Regulation 460 of the Act . This is necessary in order to meet the requirement of part (iii) of section
|
|
|
|
|
|
Legislation
|
|
-
FIPPA
-
21(1)(e)
-
21(3)(a)
-
21(3)(d)
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Laurel Cropley
|
|
|
|
|
|
Published
|
|
Jan 18, 2000
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|